Parents could face charges over toddler's death

The parents of a toddler who died after epileptic seizures could face criminal charges over her death after a coroner ruled they fundamentally breached their duty of care by not giving her anti-convulsant medication.

Coroner Phil Byrne said Warren and Helena Denley ignored specialist advice of Royal Children's Hospital medical staff and were instead prepared to rely on various, ill-informed advice to help their daughter Isabella.

The inquest heard Mr and Mrs Denley had seen alternative therapists, including a psychic who said the seizures were related to a past-life trauma.

Isabella, 13 months, died at home in Kew on October 19 last year after 30 seizures in seven months.

The inquest heard that Isabella was diagnosed with epilepsy by a neurologist with the Royal Children's Hospital, Mark Mackay, who prescribed her anti-convulsant medication.

But Mr and Mrs Denley refused to treat their daughter with the drugs, citing harsh side-effects such as sleep loss and hyperactivity.

Mr Byrne said the cessation of the prescribed anti-convulsants caused Isabella's death and represented a most fundamental breach of care by her parents. "The warnings of the direct consequences of such a decision were not heeded," Mr Byrne said.

Based on the material presented at the inquest, Mr Byrne said he would refer the matter to the Director of Public Prosecutions.

Mr and Mrs Denley appeared shocked after Mr Byrne's finding and decision. Outside court, they refused to comment.

Mr and Mrs Denley and Isabella's grandmother, Olga Szewczuk, were excused from giving evidence at the inquest last month, claiming privilege against self-incrimination.

But in a police statement tendered to the court, Mr Denley, an information technology contractor, said in the weeks before Isabella died, she was purely on homoeopathic medicine. "This was the happiest and healthiest she had been since the seizures had started," he said.

They had researched Isabella's symptoms and came up with several possible diagnoses. But Mr Denley said Dr Mackay was dismissive of any of these suggestions after diagnosing epilepsy.

Mr and Mrs Denley said alternative health professionals relieved some of Isabella's side-effects. Mrs Szewczuk said she saw the difference in Isabella after she was given homoeopathic medicines. "She was walking well, co-ordinated and happy, (she was) the Isabella we knew," she said in her statement.

Mrs Szewczuk was angry that Dr Mackay had called the Department of Human Services child-protection unit in July because he believed Isabella was at risk after diagnosing her with life-threatening epilepsy.

Mr Byrne said the family did not accept Dr Mackay's diagnosis. "I have endeavoured to understand why apparent loving parents could take the decision they did in the face of blunt warnings as to the potential consequences," he said.

"It is true the various prescribed medications resulted in unwanted side-effects that impacted adversely on Isabella's quality of life, but contemplate the potential alternative."